Trial of appeals; scope of review; disposition
Sec. 4. (a) The decisions of the board or council appealed from
are conclusive on all parties except the party appealing. The decision
appealed from is considered prima facie correct and the burden of
proof in all appeals is on the party appealing.
(b) All appeals shall be tried by the court without the intervention
of a jury. The court shall try and hear de novo the issues of the action
or decision of the board or council presented by written remonstrance
or as otherwise provided by statute and raised by the appeals.
(c) The:
(1) method of arriving at the action or decision of the board or
council in making an award of damages or assessment of
benefits; and
(2) any issues not authorized by the statute to be made before
the board or council, and appealed from;
may not be reviewed, considered, or adjudged by the court on appeal.
(d) The amount of benefits assessed or the damages awarded
affecting any property, other than the property and the separate
assessments or awards on them involved in each instance in a
proceeding by a board or council from which an appeal is taken, may
not be considered by the court on appeal.
(e) The court:
(1) may, on its own motion; and
(2) shall, on the motion of either party;
view and inspect any district, land, and property affected, damaged,
benefited, or appropriated, including the work or thing proposed or
done.
(f) The court, according to the particular statute allowing the
appeal as the statute permits or prescribes the matters that may be
considered, may set aside, affirm, lower, or increase an award,
damages, or assessment of benefits as the court considers just and
then order that action. The court also may affirm, reverse, or modify,
in whole or in part, the action or decision of the board or council
appealed from. The order and judgment of the court is conclusive
upon all parties, and no appeal lies except upon questions affecting
the jurisdiction of the court.
As added by P.L.1-1998, SEC.8.
Last modified: May 24, 2006